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Walker signs asbestos bill opposed by veterans

MADISON – Gov. Scott Walker on Thursday quietly signed into law a bill that critics say would delay and deny justice to those who seek damages in court after falling ill from exposure to asbestos.

The bill was among 30 that Walker signed privately in Milwaukee before flying to Las Vegas to speak Saturday at a meeting that’s attracting potential 2016 Republican presidential candidates.

The asbestos bill, which was introduced last year and which is opposed by veterans groups and Democrats, has been one of the most heavily lobbied bills of the two-year legislative session. Records from the Government Accountability Board show that last year alone, supporters and opponents spent nearly 2,000 hours lobbying lawmakers about the bill. Records for this year haven’t been filed yet.

The new law requires plaintiffs who have suffered from asbestos exposure to reveal how many businesses their attorneys plan to sue. They also would have to go after money from an asbestos trust before they could sue for more in court.

Proponents, including Wisconsin’s chamber of commerce and Republican sponsors, argued that the changes were needed to prevent people from filing multiple claims against both trust funds set up to pay victims of asbestos exposure as well as individual businesses.

“Governor Walker signed this law to ensure transparency in the lawsuit process and stop trial lawyers from double dipping,” said Walker’s spokeswoman Laurel Patrick. “Preventing double dipping will help make sure there will be resources available for the truly injured down the road.”

Veterans groups and trial attorneys were among those who lobbied most forcefully against the bill, saying a disproportionate number of people sickened by asbestos are service members.

Jason Johns, a lobbyist for three veterans groups who urged Walker to veto the measure last week, issued a statement expressing disappointment that the governor signed it, saying it would be devastating to veterans.

“Many of our members recognize the great things that the governor and the state Legislature have done for veterans this legislative session but unfortunately all of the good will now be overshadowed by the ignoring of our pleas to stop this devastating legislation to our veterans and their families from becoming law,” Johns said.

He represents the American Legion, Veterans of Foreign Wars, and the Military Order of the Purple Heart.

Asbestos, a building material linked with cancer and other health problems, has been the subject of lawsuits awarding billions of dollars in damages. As the health concerns became clearer and the number of lawsuits swelled, companies forced into bankruptcy because of asbestos litigation transferred their assets and liabilities to trusts established to pay current and future asbestos victims.

At least 100 companies have gone into bankruptcy in part from liabilities tied to asbestos, according to a 2011 Government Accountability Office report. There are 60 asbestos trusts, with about $37 billion in assets, according to the GAO report.

The Senate passed the bill 17-16, with all Democrats and Republican Sen. Dale Schultz opposing it. The Assembly passed it 55-38, with all Democrats against it and all Republicans supporting it.

Attorneys in Wisconsin generally have the right to appeal final judgments but need a court’s permission to challenge any non-final rulings.

The bill grants attorneys the right to appeal non-final rulings that would prohibit any state statute from taking effect. Republicans drew up the measure after judges struck down portions of Walker’s collective bargaining restrictions and a GOP law that requires voters show photo identification at the polls.

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Erase six-person juries in misdemeanor cases.

The state Supreme Court ruled in 1998 that a state law providing for a six-person jury in misdemeanor cases conflicted with a provision in the Wisconsin Constitution requiring a 12-person jury in all criminal cases.

The bill Walker signed Thursday eliminates the six-person misdemeanor jury and requires a 12-person jury for every criminal case unless the parties involved and a judge agree to a smaller panel.

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Allow poll workers to come from anywhere in the county where they live, rather than just from their municipality or ward.

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Require the state to guarantee up to $2,500 in loans to purchase propane or other heating supplies.

Walker vetoed a bill that would have dramatically expanded raffles in Wisconsin.

The Republican-authored bill would have removed caps on raffle ticket prices. It would have allowed organizations with a raffle license to conduct a raffle every day of the year. Under current law license holders can hold raffles 200 days a year. The measure also would have increased the number of days license holders can sell tickets.

Walker said in a news release he felt the bill’s changes threatened Wisconsin’s tribes’ exclusive right to offer gambling in the state.